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Simple English definitions for legal terms
doctor-patient privilege
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A quick definition of doctor-patient privilege:
Doctor-patient privilege is when a patient talks to their doctor and the things they say are kept secret. This is to make sure that patients feel safe to share personal information about their health without worrying that other people will find out. The law says that doctors have to keep this information private, but there are some exceptions. For example, if a patient sues their doctor, they might have to share some of the information in court. Doctor-patient privilege is different from doctor-patient confidentiality, which is when a patient's medical records are kept private.
A more thorough explanation:
Definition: Doctor-patient privilege, also known as physician-patient privilege, refers to a confidential communication between a doctor and a patient that is protected from disclosure. This privilege is created by statutory language in most jurisdictions, but there are many exceptions that limit its protection. The purpose of this privilege is to allow patients to fully disclose confidential information about their illness without fear of compromising their privacy.
Examples:
- In re Bess Z.: In this case, the court ruled that the doctor-patient privilege applied to a minor who had disclosed information about her sexual activity to her doctor. The court found that the privilege protected the minor's right to privacy and prevented the disclosure of sensitive information.
- Equal Employment Opportunity Commission v. Peters' Bakery: In this case, the court ruled that the doctor-patient privilege did not apply to a bakery employee who had disclosed information about her medical condition to her employer. The court found that the employee had waived her privilege by disclosing the information to a third party.
These examples illustrate how the doctor-patient privilege can be applied in different situations. In the first case, the privilege protected the patient's right to privacy and prevented the disclosure of sensitive information. In the second case, the privilege did not apply because the patient had waived it by disclosing the information to a third party.